(2) The classes of health care providers who are prescribed as qualified
health care providers are as follows:

(a) registrants of the British Columbia College of Social
Workers;

(b) registrants of the College of Registered Nurses of British
Columbia;

(c) registrants of the College of Registered Psychiatric Nurses of
British Columbia;

(d) registrants of the College of Occupational Therapists of British
Columbia;

(e) registrants of the College of Psychologists of British
Columbia.

(3) A registrant referred to in subsection (2) may
exercise powers and perform duties as a qualified health care provider only
if

(a) the board for the college referred to in subsection (2) of which the registrant is a member has
established standards, limits or conditions respecting eligibility, by
its members, to act as qualified health care providers, and

(b) the registrant is eligible under, and acting in accordance with,
all applicable standards, limits and conditions referred to in paragraph (a).

Health authority designates

4(1) The following are prescribed as bodies that may designate persons as
having authority to issue certificates of incapability under section 32 of
the Act:

(2) A regional health board prescribed under subsection (1) (a)
may authorize an employee, by bylaw approved by the minister responsible for
the administration of the Health Authorities Act, to make the designation
referred to in that subsection on behalf of the regional health
board.

Part 3 — Conducting Assessments

Assessment components

5An assessment must include both of the following components:

(a) a medical component,

(i) conducted by a medical practitioner within 6 months before the
assessment report is completed, and

(ii) consisting of one or more examinations and all resulting diagnoses
and prognoses relevant to the adult's incapability to manage that
adult's financial affairs;

(b) a functional component,

(i) conducted by a qualified health care provider, and

(ii) consisting of one or more evaluations of the adult's understanding
of, and ability to manage, that adult's financial affairs.

Information to be given before assessment

6(1) Before conducting the medical or functional component of an
assessment, the qualified health care provider responsible for that
component must advise the adult being assessed of all of the
following:

(a) that the adult is being assessed to determine whether the adult is
incapable of managing that adult's financial affairs;

(b) that the assessment may be used to determine whether the adult
will have, or continue to have, a statutory property
guardian;

(c) that the adult can refuse to be assessed, in which case the
assessment may be conducted using observational information and
information gathered from other sources;

(d) that the adult may have a person of his or her choosing present
during all or part of the assessment unless, in the opinion of the
qualified health care provider, the person's presence would disrupt or
in any way adversely affect the assessment process;

(e) that if the assessment is completed, the adult may have a copy of
the assessment report from the person who completes the
report;

(f) that the adult may ask questions of, and raise concerns with, the
qualified health care provider with respect to the assessment and the
results of the assessment.

(2) Despite subsection (1), advice need not be given
in accordance with that subsection if the qualified health care provider has
reason to believe that it may result in

(a) serious physical or mental harm to the adult, or

(b) significant damage or loss to the adult's property.

Others may be present

7(1) A qualified health care provider may permit a person other than the
adult being assessed to be present during all or part of an
assessment

(a) if requested by the adult, or

(b) if, in the opinion of the qualified health care provider, it would
be necessary or advisable for the purposes of

(i) communicating with the adult, or

(ii) conducting the assessment.

(2) A qualified health care provider may prohibit a person from being
present during all or part of an assessment if, in the opinion of the
qualified health care provider, the presence of the person would disrupt or
in any way adversely affect the assessment process.

(3)
Subsection (2) applies even if the adult
requests the person to be present.

Assessment may occur without adult

8An assessment, or part of an assessment, may be conducted without the
adult being present, and based on observational information and information
gathered from other sources, if

(a) the adult

(i) refuses, in full or in part, to participate in the assessment,
or

(ii) cannot reasonably be accessed or is not reasonably able to
participate in the assessment, and

(b) the qualified health care provider conducting the assessment is
satisfied that the assessment would be completed accurately using the
information available.

Test of incapability

9(1) An adult is incapable of managing the adult's financial affairs if the qualified health care provider determines that any of the following apply:

(a) the adult cannot understand the nature of the adult's financial
affairs, including the approximate value of the adult's business and
property and the obligations owed to the adult's dependants, if
any;

(b) the adult cannot understand the decisions that must be made or
actions that must be taken for the reasonable management of the adult's
financial affairs;

(c) the adult cannot understand the risks and benefits of making or
failing to make particular decisions, or taking or failing to take
particular actions, in respect of the adult's financial
affairs;

(d) the adult cannot understand that the information referred to in
this subsection applies to the adult;

(e) the adult cannot demonstrate that he or she is able to implement,
or to direct others to implement, the decisions or actions referred to
in paragraph (b).

(2) For the purposes of sections 33 (3) and 34 of the Act, a qualified health care provider must consider the changes, if any, in the adult's incapability since the previous assessment and the adult's understanding of those changes.

[am. B.C. Reg. 203/2014, Sch. s. 1.]

On completing assessment

10(1) On completing an assessment, the qualified health care provider who is
conducting the assessment must do all of the following:

(a) complete an assessment report as set out in Form
1;

(b) attach to the assessment report details of

(i) the factors that were considered in making the determination
of the adult's capability or incapability,

(ii) the conclusions that were reached on the basis of those
factors,

(iii) a summary of the information, if any, gathered under section 8
[assessment may occur without adult],
and

(iv) any other matter the qualified health care provider believes
to be relevant to the assessment;

(c) advise the adult of the details and the results of the assessment,
including the determination of the adult's capability or
incapability;

(d) offer to the adult a copy of the report and attachments referred
to in paragraphs (a) and (b).

(2) A qualified health care provider need not comply with the requirements
of subsection (1) (c) or (d) if the
qualified health care provider has reason to believe that it may result
in

(a) serious physical or mental harm to the adult, or

(b) significant damage or loss to the adult's property.

Part 4 — Certificates of Incapability

Before issuing certificate of incapability

11(1) For the purpose of section 32 (3.1) of the Act, a health authority
designate must give to the adult and, if contact information is known to the
health authority designate, the adult's spouse or a near relative of the
adult,

(a) notice of the intention to issue a certificate of incapability,
and

(b) written reasons for the issuance of the certificate.

(2) Notice and reasons under subsection (1) may
be given as follows:

(a) in person;

(b) by mail, other than by electronic mail, in which case, the notice
and reasons are deemed to have been received 7 days after the date of
mailing;

(c) by leaving them at the person's residence with an adult whom the
health authority designate has reason to believe resides with the adult,
in which case, the notice and reasons are deemed to have been received
on the date on which the notice and reasons were left.

(3) For the purposes of section 32 (3.1) (c), the adult, spouse or near
relative must be given at least 10 days after receiving or being deemed to
have received the notice and reasons given under this section to respond to
the notice and reasons.

Certificate of incapability

12A health authority designate may issue a certificate of incapability as
set out in Form 2.

Request for second assessment

13For the purposes of section 33 (3) (a) of the Act, a request for a second
assessment must be made within 40 days after the date that the Public Guardian
and Trustee gives or sends to the adult the advice that the Public Guardian and
Trustee is the adult's statutory property guardian.

Repealed

14Repealed. [B.C. Reg. 203/2014, Sch. s. 2.]

Part 5 — Transition

Application of this Part

15(1) In this Part, "director's certificate" means a
certificate as described in paragraph (a) of the definition of "patient" in
the Patients Property Act.

(2) This Part applies only if all of the following conditions are
met:

(a) before December 1, 2014, a person began an evaluation of the
incapability of an adult to manage the adult's financial
affairs;

(b) the purpose of the evaluation under paragraph (a)
was to

(i) assist in determining whether a director's certificate should
be issued in respect of the adult, or

(ii) determine whether the adult is incapable of managing his or
her financial affairs;

(c) as of December 1, 2014, no decision had yet been made as to
whether to issue a director's certificate in respect of the
adult;

(d) on or after December 1, 2014, a health authority
designate

(i) receives a report, based wholly or in part on the results of
the evaluation referred to in paragraph
(a), that the adult is incapable of managing his or
her financial affairs, and

(ii) must determine whether to issue a certificate of incapability
in respect of the adult.

Conducting assessments

16(1) An evaluation described in section 15 (2) (a)
and (b) of this regulation is deemed to be an assessment of
incapability for the purposes of determining whether to issue a certificate
of incapability under section 32 (3) of the Act if

(a) subject to subsection (2) (a) of this section,
the person conducting the evaluation is a qualified health care
provider, and

(b) the evaluation is conducted in accordance with Part
3[Conducting Assessments], as modified by this
section.

(2) If this Part applies,

(a) despite section 3 (3), only section 3 (2) applies for the purpose of determining who
is a qualified health care provider,

(b) despite section 5, only a medical component
is required,

(c) despite section 6, but subject to subsection (2) of that section, only the advice
described in subsection (1) (a) of that section
must be given to the adult,

(d) despite section 9, that section does not
apply for the purpose of determining whether an adult is incapable of
managing the adult's financial affairs,

(e) despite section 10 (1) (a) and (b), the report received under section 15 (2) (d) is deemed to be in the prescribed
form if the report

(i) is in writing,

(ii) includes information sufficient to identify the
adult,

(iii) sets out the findings of the person conducting the evaluation,
and

(iv) is signed and dated by, and includes contact information for,
the person who was conducting the evaluation, and

(f) despite section 10 (1) (c) and (d), those paragraphs do not apply.